Can I Sell Undivided Ancestral Property?

Wondering, “Can I sell my share of undivided property?” Certainly! in India, ancestral property refers to an undivided property shared by four generations of a single family. Once divided among the stakeholders, it ceases to be ancestral and becomes self-acquired. 

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Can I Sell My Share of Undivided Ancestral Property?

Here are some key points regarding, whether can I sell undivided ancestral property:

Types of Ancestral Property:

• Property inherited from a paternal ancestor (father, grandfather, or great-grandfather) is considered ancestral.

• Daughters are eligible to get a share in their parents’ ancestral property, making maternal grandchild also eligible.

• The share received by a coparcener on the partition of ancestral property is also considered ancestral.

Selling Ancestral Property:

• While Hindu law grants the head of a Hindu undivided family (HUF) authority to manage family assets, ancestral property cannot be sold by one owner or a group of owners alone.

• Consent from all parties involved (including all generations) is required to sell an undivided ancestral property.

I hope this helps!

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Hi Buddy,

An ancestral property is a person's great great grandfather's self-acquired and undivided property. Four generations of the male lineage have a claim to an undivided ancestral property. When an ancestral property is divided by a partition deed or a family arrangement, it ceases to be an ancestral property as soon as the arrangement takes effect. Being a property lawyer, today, I would love to highlight a few facts about selling ancestral property India. 

Daughters now have the same rights to family property as males, thanks to the Hindu Succession Act of 2005, which amended the law.

The chain will be broken if Ram decides to divide the property between Shyam and his other sons, then the property inherited by Shyam will no longer qualify as an ancestral property but as a self-acquired property. Simply put, no division should take place up to four generations for a property to remain ancestral. When an ancestral property is divided by a partition deed or a family arrangement, it ceases to be an ancestral property as soon as the arrangement takes effect. In other words, when a joint Hindu family divides or partitions, the property becomes self-acquired in the hands of the family member who receives it.

Now, let me point out a few facts about, selling ancestral property India;

• Ownership rights in Ancestral property

The stakeholder's right to ancestral properties arises at the time of his birth. In other types of inheritance, such as by a will, the right to inherit occurs when the owner passes away. As a result, Shyam's right to his ancestral property will arise at the time of his birth rather than at the time of his father Ram's death in the scenario above.

• Each generation's share of ancestral property

The share of each generation is determined first, and then the share of subsequent generations is subdivided from that. It's worth noting that as new members are added to the family, each member's part of the ancestral property decreases. That means your stake in the property may become negligible at some point and no longer be worth pursuing.

• Can I sell undivided ancestral property / Who has the authority to sell an ancestral property?

While the Hindu law gives the head of a Hindu undivided family (HUF) the authority to manage the family assets, an ancestral property cannot be sold only on the whim of one or part owners, because four generations have a claim to it. To sell an undivided ancestral property, each stakeholder's consent will be required. The ancestral property can be partitioned and sold by all coparceners, including daughters. A legal notice could be made to the offending party, claiming your rights, if a stakeholder is denied his portion in the property or if one member decides to sell the property without discussing the other members.

I would like to conclude my answer here about selling ancestral property India. I hope this helps:)

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